The Exception of Material Law

HammerIn the previous article its has been explained about the authorization to ajudicate exception (competention exception) and formil requirements of exception. Beside the exception as mentioned above, in Indonesia civil procedure law, it is also known the term of exception of material law (materiele exceptie). According to the opinion of law expert, M Yahya Harahap, there is some types of exception of material law, which is:

a. Exceptio dilatoria or dilatoria exceptie means that the claim of plaintiff is  not acceptable to be examine in the court, because its still premature, which means the submitted claim is still to early to put forward.

The explanation of characteristic and premature condition is related to the expired date to claim in accordance with the time limit that has been agreed in the agreement is not yet reached, or time limit to claim is not yet reached, because  there has been a postponement of payment by the creditor or based on the consent between creditor and debtor. For example, Heirs which claim the portion of inheritance, meanwhile the deceased is still alive, so the claim is premature because as long as the deceased is still alive, the claims of inheritance is still postponed. So is the debt of payment that was postponed by terms of agreement factor, because the debt that was claimed is not yet due.

b. Exceptio peremptoria or peremptoir exceptie is an exception that containig the denial, that can banished the claim because the issues that is claimed cannot be brought to the court.  For example, the issues that is claimed by the plaintiff has been paid, consigned, novated, compensated and etc based on Article 1381 Indonesian Civil Code (“KUH Perdata”), or anything that has been claimed has been executed based on Article 224 HIR. The form of peremptoir exceptie is as follow:


1. Exceptio temporis (ekspesi daluwarsa) Based on Article 1946 KUH Perdata, the expiration (daluwarsa) besides being the legal basis to obtain something, can also be used as legal basis to release somebody from the legal relationship after it has passed a specific expiration date.

2. Exceptio non pecuniae numeratae

The exception that contain denial of the defandent (debtor), that the money that was promisesed to be repaid, is never been received. That exception is strongly related to the capability or the success of the defendant in proving that the money as stated on the agreement has not been received, therefore it have a reason to purpose exceptio non pecuniae numeratae. If the defendant cannot prove it, the exception will be rejected.

3. Exceptio doli mali

The Exceptio Doli Mali means the objections regarding the fraud conducted on the agreement. It is an exception that stating that the plaintiff has manipulate the making of agreement. Thus, the exception is related to the Article 1328 KUH Perdata that stated:

  • The fraud is one of the reason to cancel an agreement.
  • But if we want to used fraud as a reason, the fraud must be done in such way, so it can be clear and real that the defendant will not make that agreement without the manipulation of the plaintiff.

4. Exceptio Metus

Exception Metus is strongly related to the Article 1323 KUH Perdata that stated:

  • Compulsion  that performed to the parties that make a deal can be a reason to cancel the agreement, although the compulsion is performed by the third party as long as the compulsion is intended for the interest of the party who make the agreement.
  • But, according to the Article 1324 KUH Perdata, a compulsion can be justified to be a basis for canceling an agreement, if the compulsion is made in such way, so it can cause a fear to the healthy minded person that he/she or his/her property/asset is threatened.

5. Exceptio non adimpleti contractus

This exception can be purpose and implemented on reciprocal agreement. Each party is given an obligation to be fulfilled in reciprocal. On such agreement, any person cannot claim; if he himself did not fulfil its obligation in the agreement.

6. Exceptio domini

This exception is a rebuttal submitted by the defendant on the claim, that containing the objection which stated the claimed object is not belong the plaintif, but belong someone else or belong to defendant.

7. Exceptio litis pendentis

The disputes which was claimed by the plaintiff, is same with the disputes which examine in the court. It is also called with exception of sub-judice which means that submitted claim is still on process (aanhangig) or still on going or still under the court examination.

Ivan Ari

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